예금자비밀보호와 계좌추적의 요건 및 한계 = Banksecrecy and Conditions and Limitations of Bankaccounttracing

다국어 초록 (Multilingual Abstract)

The common crimes in our society such as a bribery case, cozy relations between politicians and businessmen and aid of illegal political fund are not easy to find out and secure the evidence since illegal acts are dealing with the person concerned secretly. For the purpose of promoting the effect of a search and the possibility of preserving a proof as well as simply figuring out some concealed illegal crime property, we desperately need institutional devices which can track savings account from the judicial authorities or the financial supervisor committee, making it easier to spot the flow of funds. However, the chase of financial dealings by a national organization could be abused..In our Korean community, money market`s secrecy is put on a defenseless state by a national organization`s invasion. Tracing bank account illegally is now seriously spoiling the basic meaning of the real-name financial transaction system. In addition, it violates the constitutional law requiring the basic rights` guarantee. Therefore, we need not only to take necessary measures to trace saving accounts but also to establish legal basis and limits in practical terms. From the next part, there are some methods of avoiding a national organization`s abusive bank account tracing. First, bank account tracing under the synonymous declaration of intent should be abolished. Second, to minimize the trespassing of basic rights, it is desirable that we have to change from a binary system into a unified system. In other words, chasing the bank account must be processed after issuing a warrant by inspection of the Justice Department. Third, courthouse inspection processes should be more prompt so that judicial control can be come to reality. Fourth, to apply the brake about illegal bank account chasing, it has to be rejected that solid evidence are collected against law during a criminal trial and this rule also should be specified in the law. Fifth, due to reinforce the protection of a depositor`s rights and contain an secret investigation, financial organization must carry out their duty in connection with true notice for a depositor who is being searched for seizure. An exceptional report delay needs to be restricted severely. Sixth, an account book that is related to financial information should be kept properly for a given period of time and be also provided for the law.